1033 MOU and annual inventory form (West Virginia State Police)
| Submitted | Aug. 18, 2014 |
| Est. Completion | None |
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Communications
From: Shawn Musgrave
To Whom It May Concern:
Pursuant to the West Virginia Freedom of Information Act and the West Virginia Open Governmental Proceedings Act, I hereby request the following records:
-The current memorandum of agreement (MOA) or memorandum of understanding (MOU) with the Defense Logistics Agency, Disposition Services regarding the 1033 equipment surplus program administered by the DLA Law Enforcement Support Office
-The annual inventory form required to be completed by MSP by the state coordinator of the 1033 program
According to the DLA FAQ page regarding the 1033 program, yours is the agency in charge of coordinating the 1033 program for the state. See http://www.dispositionservices.dla.mil/leso/Pages/StateCoordinatorList.aspx
I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.
In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.
Sincerely,
Shawn Musgrave
From: West Virginia State Police
A letter stating the requester must agree to or prepay assessed or estimated fees in order for the agency to continue processing the request.
From: West Virginia State Police
A letter stating the requester must agree to or prepay assessed or estimated fees in order for the agency to continue processing the request.
From: Shawn Musgrave
Hello,
Please confirm whether this FOIA request was received as faxed on August 18.
Best,
Shawn Musgrave
MuckRock
From: Shawn Musgrave
Ms. Craddock:
Please confirm whether the FOIA request below was received as faxed to WVSP on Monday, August 18. For reference, I've attached the 1033 inventory spreadsheet released by the Ohio state coordinator, and cc'd the West Virginia points of contact identified by the Defense Logistics Agency on its website.
Please let me know if I can clarify this request any further.
Best,
Shawn
-
Ohio_1033_Property_08-18-2014_2.xlsx
From: Shawn Musgrave
Ms. Craddock:
West Virginia's public records statute clearly requires a response within 5 business days of the receipt of a request. This request was submitted by fax on Monday, August 18, again by fax on August 22 and by email to you personally on Friday, August 22, without acknowledgement. Respectfully, I insist that you confirm whether this request was received and is being processed, per the West Virginia State Police's transparency obligations.
Please let me know if I can provide any further clarification of this request.
Best,
Shawn Musgrave
MuckRock
From: Virginia Lanham
Mr. Musgrave,
A response to your request was sent by regular mail on August 20, 2014.
Virginia Grottendieck Lanham
West Virginia State Police
Legal Section
725 Jefferson Road
South Charleston, West Virginia 25311
Phone 304.746.2113
Fax 304.746.2421
From: Melinda G. Craddock
Mr. Musgrave,
The information you requested is now available on our website, here is the link.
http://www.wvsp.gov/Pages/1033-Program.aspx
If you have any questions, you may contact me.
Mendi Craddock
Paralegal
West Virginia State Police
725 Jefferson Road
South Charleston, WV 25309
Telephone: 304-746-2113
Fax: 304-746-2421
CONFIDENTIALITY NOTE:
This e-mail and any attachments are confidential and may be protected by legal privilege. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of this e-mail or any attachment is prohibited. If you have received this e-mail in error, please notify us immediately by returning it to the sender and delete this copy from your system. Thank you for your cooperation.
-
Partially Responsive Documents
From: Shawn Musgrave
Ms. Craddock -
Thank you for linking to the posted information. As posted, neither the .pdf or .csv lists the law enforcement agency for each entry. This is a request for the complete state property book spreadsheet for equipment received by West Virginia law enforcement agencies via the 1033 program.
For reference, please see the inventory spreadsheet as released by more than a dozen 1033 state coordinators -- I've attached the one released by the Ohio 1033 coordinator.
-Shawn
-
Ohio_1033_Property_08-18-2014_2.xlsx
From: Shawn Musgrave
Ms. Craddock -
Checking on this again -- the 1033 data posted online does not include the LEA for the statewide dataset. Please advise.
Best,
Shawn
From: Shawn Musgrave
Ms. Craddock -
Please confirm whether additional spreadsheets will be released for this request. I do not consider my request fulfilled.
Respectfully,
Shawn
From: Shawn Musgrave
Ms. Craddock -
Respectfully, I insist that you provide an update as to whether I ought to expect a further release of a full spreadsheet including agency name for all 1033 program equipment transfers. If the information posted online constitutes WVSP's final response for this request, please advise as to the appeal procedure for appealing this incomplete response.
-Shawn Musgrave
MuckRock
From: Melinda G. Craddock
Mr. Musgrave,
Everything that is released is currently on our website, including additions from this week.
For further information or questions, please contact Lawrence Messina, Communications Director for WV Department of Military Affairs and Public Safety, his contact information is on our website below:
From: Shawn Musgrave
Mr. Messina -
Per Ms. Craddock's answer below, please confirm whether WVSP will be fulfilling my request for the full inventory spreadsheet including agency name for all transfers via the 1033 program to West Virginia state and local law enforcement agencies. While WVSP has released this information, this level of detail has not been provided for remaining West Virginia agencies.
More than 20 1033 state coordinators so far have released their spreadsheets in full for all agencies under the purview.
Given the amount of time that has passed on this request, I respectfully request an answer to the above within the next business day, so that I may begin an appeal of this request if necessary.
Respectfully,
Shawn Musgrave
MuckRock
From: Shawn Musgrave
Hello,
Checking into the below once again.
Best,
Shawn Musgrave
MuckRock
From: Messina, Lawrence C
Good afternoon. The West Virginia State Police continues to follow the guidance of DLA Disposition Services regarding the level of detail provided.
I do not know how the coordinating agencies of other states have handled this guidance while fielding information requests, but I do note the following:
1. The latest and most comprehensive data as received from the federal program by the W.Va. State Police has been posted under "DLA WV Inventory List" on the 1033 resource page (http://www.wvsp.gov/Pages/1033-Program.aspx). DLA Disposition Services included the acquiring law enforcement agency for all non-tactical equipment ("WV Inventory General").
2. All equipment acquired by and in the active inventory of the W.Va. State Police, including weapons and other tactical items, is identified in the "WVSP INV" data files.
3. A number of the weapons listed in the data for West Virginia agencies (both by DLA and such media outlets as the Detroit Free Press, The New York Times and Public Broadcasting) are actually in the custody of the W.Va. State Police. They have been collected so they can be returned to the federal program. They are among the weapons listed in the “WVSP INV” data files. I can provide more information about that if necessary.
4. The resource page also includes a list of the other participating West Virginia law enforcement agencies. The W.Va. State Police is deferring to those agencies regarding identifying the tactical equipment they have acquired. The DLA’s "WV Inventory Tactical" data, posted on the resource page, does include the county of the acquiring agency.
Lawrence Messina
Communications Director
W.Va. Dept. of Military Affairs and Public Safety
1900 Kanawha Boulevard, East
Building 1, Room W-400
Charleston, WV 25305
O: 304-957-2515
M: 304-205-3037
F: 304.558.6221
Web: www.dmaps.wv.gov
WVDMAPS Divisions:
Adjutant General/National Guard; Corrections; Justice and Community Services; Homeland Security and Emergency Management; Homeland Security State Administrative Agency; Juvenile Services; Protective Services; Parole Board; Regional Jail & Correctional Facility Authority; State Fire Marshal; State Police; and the
West Virginia Intelligence Fusion Center
PRIVILEGED AND CONFIDENTIAL: This email and any attachments contains information from the West Virginia Department of Military Affairs and Public Safety. It is intended for the exclusive use of the intended addressee only. It may contain information that is proprietary, confidential or privileged, or law-enforcement sensitive. It is protected by all applicable doctrines or privileges, including, but not limited to applicable state and federal law, the attorney-client privilege and the work product doctrine. These doctrines and privileges are not waived by virtue of sending this communication in error. If you are not the addressee, or have somehow received this communication in error, you are notified that any use, dissemination, disclosure, distribution, forwarding, printing or copying of this communication and any attachments is prohibited, and may be a violation of state or federal law. If you received this communication in error, please immediately delete this communication along with any attachments or files, and destroy all written or electronic copies. Please notify us of the errant communication and your action by phone at 304-558-2930 or by return email. THANK YOU!
From: Shawn Musgrave
Mr. Messina -
Please confirm whether your determination is subject to appeal, or whether I might discuss this matter with another administrator within the department. Just today, Kentucky became the 32nd state to release agency-by-agency information without redaction regarding the 1033 program, and I urge West Virginia to follow suit.
I would be happy to discuss this matter by phone or to make my case to another official with review authority.
Respectfully,
Shawn Musgrave
MuckRock
From: Shawn Musgrave
Mr. Messina -
Checking on this again.
Best,
Shawn
From: Messina, Lawrence C
Good afternoon. As I am not the custodian of the records sought, I have referred your Wednesday email to the W.Va. State Police and its legal counsel.
Lawrence Messina
Communications Director
W.Va. Dept. of Military Affairs and Public Safety
1900 Kanawha Boulevard, East
Building 1, Room W-400
Charleston, WV 25305
O: 304-957-2515
M: 304-205-3037
F: 304.558.6221
Web: www.dmaps.wv.gov
WVDMAPS Divisions:
Adjutant General/National Guard; Corrections; Justice and Community Services; Homeland Security and Emergency Management; Homeland Security State Administrative Agency; Juvenile Services; Protective Services; Parole Board; Regional Jail & Correctional Facility Authority; State Fire Marshal; State Police; and the
West Virginia Intelligence Fusion Center
PRIVILEGED AND CONFIDENTIAL: This email and any attachments contains information from the West Virginia Department of Military Affairs and Public Safety. It is intended for the exclusive use of the intended addressee only. It may contain information that is proprietary, confidential or privileged, or law-enforcement sensitive. It is protected by all applicable doctrines or privileges, including, but not limited to applicable state and federal law, the attorney-client privilege and the work product doctrine. These doctrines and privileges are not waived by virtue of sending this communication in error. If you are not the addressee, or have somehow received this communication in error, you are notified that any use, dissemination, disclosure, distribution, forwarding, printing or copying of this communication and any attachments is prohibited, and may be a violation of state or federal law. If you received this communication in error, please immediately delete this communication along with any attachments or files, and destroy all written or electronic copies. Please notify us of the errant communication and your action by phone at 304-558-2930 or by return email. THANK YOU!
From: Shawn Musgrave
Mr. Messina -
Thank you for your response. Please provide the contact information for the legal counsel or office with whom I ought to follow up.
Best,
Shawn
From: Shawn Musgrave
Mr. Messina -
Checking on contact information for followup.
Best,
Shawn
From: Messina, Lawrence C
It is my understanding that the West Virginia State Police will be responding.
Lawrence Messina
Communications Director
W.Va. Dept. of Military Affairs and Public Safety
1900 Kanawha Boulevard, East
Building 1, Room W-400
Charleston, WV 25305
O: 304-957-2515
M: 304-205-3037
F: 304.558.6221
Web: www.dmaps.wv.gov
WVDMAPS Divisions:
Adjutant General/National Guard; Corrections; Justice and Community Services; Homeland Security and Emergency Management; Homeland Security State Administrative Agency; Juvenile Services; Protective Services; Parole Board; Regional Jail & Correctional Facility Authority; State Fire Marshal; State Police; and the
West Virginia Intelligence Fusion Center
PRIVILEGED AND CONFIDENTIAL: This email and any attachments contains information from the West Virginia Department of Military Affairs and Public Safety. It is intended for the exclusive use of the intended addressee only. It may contain information that is proprietary, confidential or privileged, or law-enforcement sensitive. It is protected by all applicable doctrines or privileges, including, but not limited to applicable state and federal law, the attorney-client privilege and the work product doctrine. These doctrines and privileges are not waived by virtue of sending this communication in error. If you are not the addressee, or have somehow received this communication in error, you are notified that any use, dissemination, disclosure, distribution, forwarding, printing or copying of this communication and any attachments is prohibited, and may be a violation of state or federal law. If you received this communication in error, please immediately delete this communication along with any attachments or files, and destroy all written or electronic copies. Please notify us of the errant communication and your action by phone at 304-558-2930 or by return email. THANK YOU!
From: Shawn Musgrave
Ms. Craddock -
Mr. Messina (cc'd) indicated that WVSP would be responding to my additional followup. Please confirm or direct me to the appropriate individual for followup.
Best,
Shawn
From: Shawn Musgrave
Ms. Craddock -
I have received no further followup from WVSP. Please advise.
-Shawn
From: Virginia Lanham
Mr. Musgrave,
The West Virginia Freedom of Information Act is contained within W.Va. Code
§29B-1-1 et. seq. and 81 CSR 7 applies to FOIA and the West Virginia State
Police.
The West Virginia State Police has posted the information responsive to your
request on its web site as stated below and has provided the information in
this fashion for the reasons stated below. You may certainly file requests
with the receiving agencies to make a determination as to the equipment they
have received.
Thank you,
Virginia Grottendieck Lanham
West Virginia State Police
Legal Section
725 Jefferson Road
South Charleston, West Virginia 25311
Phone 304.746.2113
Fax 304.746.2421
On Sept. 3, 2014:
Good afternoon. The West Virginia State Police continues to follow the
guidance of DLA Disposition Services regarding the level of detail provided.
I do not know how the coordinating agencies of other states have handled
this guidance while fielding information requests, but I do note the
following:
1. The latest and most comprehensive data as received from the federal
program by the W.Va. State Police has been posted under "DLA WV Inventory
List" on the 1033 resource page
(http://www.wvsp.gov/Pages/1033-Program.aspx). DLA Disposition Services
included the acquiring law enforcement agency for all non-tactical equipment
("WV Inventory General").
2. All equipment acquired by and in the active inventory of the W.Va. State
Police, including weapons and other tactical items, is identified in the
"WVSP INV" data files.
3. A number of the weapons listed in the data for West Virginia agencies
(both by DLA and such media outlets as the Detroit Free Press, The New York
Times and Public Broadcasting) are actually in the custody of the W.Va.
State Police. They have been collected so they can be returned to the
federal program. They are among the weapons listed in the WVSP INV data
files. I can provide more information about that if necessary.
4. The resource page also includes a list of the other participating West
Virginia law enforcement agencies. The W.Va. State Police is deferring to
those agencies regarding identifying the tactical equipment they have
acquired. The DLAs "WV Inventory Tactical" data, posted on the resource
page, does include the county of the acquiring agency.
Lawrence Messina
Communications Director
W.Va. Dept. of Military Affairs and Public Safety
1900 Kanawha Boulevard, East
Building 1, Room W-400
Charleston, WV 25305
O: 304-957-2515
M: 304-205-3037
F: 304.558.6221
Web: www.dmaps.wv.gov
WVDMAPS Divisions:
Adjutant General/National Guard; Corrections; Justice and Community
Services; Homeland Security and Emergency Management; Homeland Security
State Administrative Agency; Juvenile Services; Protective Services; Parole
Board; Regional Jail & Correctional Facility Authority; State Fire Marshal;
State Police; and the
West Virginia Intelligence Fusion Center
PRIVILEGED AND CONFIDENTIAL: This email and any attachments contains
information from the West Virginia Department of Military Affairs and Public
Safety. It is intended for the exclusive use of the intended addressee
only. It may contain information that is proprietary, confidential or
privileged, or law-enforcement sensitive. It is protected by all applicable
doctrines or privileges, including, but not limited to applicable state and
federal law, the attorney-client privilege and the work product doctrine.
These doctrines and privileges are not waived by virtue of sending this
communication in error. If you are not the addressee, or have somehow
received this communication in error, you are notified that any use,
dissemination, disclosure, distribution, forwarding, printing or copying of
this communication and any attachments is prohibited, and may be a violation
of state or federal law. If you received this communication in error, please
immediately delete this communication along with any attachments or files,
and destroy all written or electronic copies. Please notify us of the errant
communication and your action by phone at 304-558-2930 or by return email.
THANK YOU!
From: Shawn Musgrave
Ms. Lanham, Mr. Messina and Captain Corsaro -
Yesterday, a panel commissioned by President Obama released its findings regarding the need for increased scrutiny of the 1033 program and similar federal programs that provide funding or direct equipment transfers to law enforcement nationwide.
The report is available online here: http://www.whitehouse.gov/the-press-office/2014/12/01/fact-sheet-strengthening-community-policing
In part, the report found that: "Both law enforcement and civil rights stakeholders agreed that there is often insufficient transparency to decisions surrounding the acquisition of equipment. These programs often permit LEAs to request equipment outside of a local government’s standard budget process and without civilian (non-police) government approval. Local elected officials are frequently not involved in the decision-making, and the general public is similarly unaware of what their LEAs possess."
In the spirit of promoting public accountability regarding the equipment that law enforcement agencies have received via the 1033 program, I once again respectfully ask that you release an unredacted spreadsheet of such equipment transfers. To date, 38 states have released this information. I urge West Virginia to follow suit and help facilitate the productive dialogue around the 1033 program and its future that is only possible by evaluating the program's operation in detail.
Thank you for your consideration, and I look forward to hearing from you.
Respectfully,
Shawn Musgrave
MuckRock
From: Messina, Lawrence C
Good morning. Didn’t the DLA just post a complete dataset for WV (and all other states)?
Lawrence Messina
Communications Director
W.Va. Dept. of Military Affairs and Public Safety
1900 Kanawha Boulevard, East
Building 1, Room W-400
Charleston, WV 25305
O: 304-957-2515
M: 304-205-3037
F: 304.558.6221
Web: www.dmaps.wv.gov<http://www.dmaps.wv.gov/>
WVDMAPS Divisions:
Adjutant General/National Guard; Corrections; Justice and Community Services; Homeland Security and Emergency Management; Homeland Security State Administrative Agency; Juvenile Services; Protective Services; Parole Board; Regional Jail & Correctional Facility Authority; State Fire Marshal; State Police; and the
West Virginia Intelligence Fusion Center
PRIVILEGED AND CONFIDENTIAL: This email and any attachments contains information from the West Virginia Department of Military Affairs and Public Safety. It is intended for the exclusive use of the intended addressee only. It may contain information that is proprietary, confidential or privileged, or law-enforcement sensitive. It is protected by all applicable doctrines or privileges, including, but not limited to applicable state and federal law, the attorney-client privilege and the work product doctrine. These doctrines and privileges are not waived by virtue of sending this communication in error. If you are not the addressee, or have somehow received this communication in error, you are notified that any use, dissemination, disclosure, distribution, forwarding, printing or copying of this communication and any attachments is prohibited, and may be a violation of state or federal law. If you received this communication in error, please immediately delete this communication along with any attachments or files, and destroy all written or electronic copies. Please notify us of the errant communication and your action by phone at 304-558-2930 or by return email. THANK YOU!
From: Capt. Michael G. Corsaro
FYI ` The DLA released a complete inventory list for every state. It can be found at:
http://www.dispositionservices.dla.mil/EFOIA-Privacy/Pages/ereadingroom.aspx
Captain Michael G. Corsaro
Deputy Chief of Staff
West Virginia State Police
From: Lanham Virginia A
The DLA released a complete inventory list for every state. It can be found at:
http://www.dispositionservices.dla.mil/EFOIA-Privacy/Pages/ereadingroom.aspx
Sent from my iPhone
>
From: MuckRock.com
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Aug. 18, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thank you for your help.
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